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Inside the New Print Edition of Our Subscriber-Only Newsletter!

New York Times Director Probed for "Breach of Trust"

To the Sulzberger family that controls the New York Times he has been the ultimate Good German. High-flying Thomas Middelhoff took New York by storm, buying Random House for Bertelsmann, invited onto the NYT board, a member of its compensation committee. Read Eamonn Fingleton’s exclusive on how Middelhoff has crashed to earth and how the NYT has buried the story. Amid New York’s savage fiscal crisis, guess what? The city ponies up $50 million for a nice new park for rich people in Manhattan. Read Carl Ginsburg on the High Line. PLUS Elyssa Pachico on how rural revolution in Colombia has gone digital. PLUS co-editor Cockburn on how, in Obama Time, the Israel lobby is carrying all before it. What a surprise. Get your new edition today by subscribing online or calling 1-800-840-3683 Contributions to CounterPunch are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now! CounterPunch books and t-shirts make great presents.

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Today's Stories

August 17, 2009

Ray McGovern
Cheney Fearing Prison Reaches out to Pundit

Andy Worthington
Bagram Isn't the New Guantánamo, It's the Old Guantánamo

Patrick Cockburn
Life and Death in Baghdad as Americans Leave

Don Fitz
The True Story of Fox's Hero, Kenneth Gladney

P. Sainath
Drought of Justice, Flood of Funds

Helena Cobban
Zionist Pioneer Renounces Zionism

August 14-16, 2009

Alexander Cockburn
Health Plans and Death Plans

Jeffrey St. Clair
The Fall of the House of Stanford

Peter Linebaugh
The Commons, the Castle, the Witch and the Lynx

Esam Al-Amin
What Actually Happened in Fatah's Elections?

Marshall Auerback
Why a Debtor's Revolt Would Work

Mike Whitney
Bulletins From Clunkerville

Paul Krassner
Woodstock at Forty

Saul Landau
Health Care and the Seeds of Disunity

Nikolas Kozloff
Colombian Elites Fear Bolivaran Revolution

Henry A. Giroux
Politics After Hope

John Ross
Sleepwalking Through the Minefield

Jonathan Cook
Israeli Land Sale

Isabella Kenfield
Monsanto's Man in the Obama Administration

David Rosen
Sexual Torture, Yet Again

Ron Jacobs
Unconditional Negotiations, Now!

Wajahat Ali
Obama's Immigration Reforms: Neither Humane Nor Thoughtful

David Macaray
Prison Games

Greg Moses
Down in South Texas: the Geometries of Bob Dylan

Charles R. Larson
Egyptian Economics 101

David Yearsley
Stalked by Bill Evans' Ghost: Kind of Blue at Fifty

Lorenzo Wolff
There Ain't Much to Country Livin': the Drive-By Truckers and the Fine Print

Kim Nicolini
Class, Race and Clint

Poets' Basement
Reiss, Ford and Moser

Website of the Weekend
Timidity and Transparency

August 13, 2009

Eduardo Galeano
I Hate to Bother You

Joanne Mariner
Letting Cheney Off the Hook

Michael Donnelly
Burning Forests for Electricity

Norman Solomon
When the Dead Have No Say

Russell Mokhiber
Boycott Whole Foods

Tim Wise
Sick Heil! The Hitlerizing of Obama

Brian M. Downing
Succession and the Pakistani Taliban

Dave Lindorff
Single-Payer and Medicare

David Manning / Miriam Cotton:
Iran Versus Honduras: a Subtle Difference

Martha Rosenberg
John Hughes, Gone With Only 59 Candles

Website of the Day
Congress Can't Find Their As-teroids

August 12, 2009

Michael J. Watts
Nigeria on the Brink

Bouthaina Shaaban
Where are the Arabs to Stand Up for the Hanoun and Ghawi Families?

Ricardo Alarcón
The Cuban Five: Justice in Wonderland

Binoy Kampmark
Terror Australis

Paul Craig Roberts
Concocting the Appearance of Recovery

Alan Farago
Going Down Absurd: the Future of Florida Bay

James Ridgeway
Ghostwriting Your Meds

Dave Lindorff
10 Questions to Ask If You Find Yourself at an ObamaCare Town Hall Meeting

David Macaray
Labor and the Conventional Wisdom

Niranjan Ramakrishnan
The Assimilation of Niranjan Ramakrishnan

Website of the Day
A Petition in Support of Janice Harper

August 11, 2009

Ricardo Alarcón
Forbidden Heroes

Marshall Auerback
America's Biggest Economic Problem?

Reza Yavari
Inside Iran's Most Infamous Prison

Winslow T. Wheeler
How Congress Pays For Its Pork

Tim Wise
Red-Baiting and Racism

Uri Avnery
A Moral Person

Deepak Tripathi
Getting Away With Torture

Greg Moses
Time to Plan for the Worst

Benjamin Dangl
Boycotting Big Beer

Dave Lindorff
Hecklers Unite! Why Aren't Progressives Disrupting ObamaCare Town Halls?

Website of the Day
What Bush Told Chirac About the Iraq War

August 10, 2009

David Price
Trial by FBI Investigation

Mike Whitney
There is No Recession; It's a Planned Demolition

Alan Farago
Seeds of Destruction: How the National Economy was Wrecked by the Politics of Deregulation in Florida

Conn Hallinan
The Honduran Coup: a U.S. Connection

Russell Mokhiber
Health Care: In Defense of Disruption

Paul Krassner
The Mystery Behind the Manson Murders

Sousan Hammad
Orgy of the Dead: the 2009 Fatah Conference

Jonathan Cook
Israeli School Apartheid

Ira Glunts
Netanyahu's Sister-in-Law Detained by Israeli Police; Calls Evictions an Unjustified Folly

George Wuerthner
Dead Tree Hysteria

Website of the Day
Conyers: ObamaCare is Crap

August 7 - 9, 2009

Alexander Cockburn
It Pays to Have a Nuke

Mike Whitney
Economy on a Scaffold

Elaine C. Hagopian
Obama's Israel Albatross

Carl Ginsburg
RX For Healthcare

Miguel Tinker Salas
Honduras is Only Part of the Story: the Conservative Counter-Attack in Latin America

Saul Landau
The Kidney Broker and the Money Laundering Rabbis

John Ross
The Mexican Genome: Big Science in the Service of Indian Genocide?

Anthony DiMaggio Obama and the Israel Lobby: Origins of Power

John Stanton
Expanding Human Terrain Systems?

Christopher Brauchli Legal Absurdities: Outing Three Strikes

Wajahat Ali
A Muslim American Hero: an Interview with Dave Eggers on "Zeitoun"

Ron Jacobs
As Long as the Wars Continue, We Must Resist Them

Franklin Lamb
Sunday Morning on the Dunes: Cleaning "Free Gaza Beach"

Bruce E. Levine
Protect Us From Our Friends

Michael Winship
Neighborhood Watch for Planet Earth

David Macaray
Glimmers of Hope for Labor?

Stephen Fleischman
Suicide Squad

Robert Bryce
Unplugging the Next Big Thing: the Hype Over Electric Cars

Robert Dodge, MD: Hiroshima and Nagasaki Remembered

Mark Seth Lender
The Message of the Glossy Ibis

David Yearsley
Vaucanson's Faun and the Duck in the Attic

Ben Sonnenberg
Chris Fuller's Brilliant Debut

Lorenzo Wolff
When Music's the Character

Poets' Basement
Dominguez and Corseri

Website of the Weekend
Warren Buffett's Betrayal

August 6, 2009

Ishmael Reed
Let's All Have a Beer

Paul Craig Roberts
The Expiring Economy

William Blum Assassinations and Coups: Keeping Track of the Empire's Crimes

Michael Donnelly
Rod Coronado: the Hardest Working Man in Animal Rights "Terrorism"

Jonathan Cook
Rabbis Ban Marriage for Israeli "Untouchables"

Dave Lindorff
The Health Care Reform Sell-Out

Ellen Brown
The Public Option in Banking

Website of the Day
Ellsberg on Hiroshima

August 5, 2009

Dedrick Muhammad /
Barbara Ehrenreich
The Destruction of the Black Middle Class

Norman Solomon
The Incredible, Shrinking Health Care Plan

William Blum
The Myths of Afghanistan: Past and Present

Gareth Porter
The ISI and the Taliban: US Officials Are Protecting Pakistani Aid to Taliban

Mary Lynn Cramer
The Myth of Medicare for All

Jim Goodman
Obama Needs to Take a Stand on Trade

Nadia Hijab
Playing From Strength in the Middle East

Gretchen Kroth
Guatemala's Garbage Dump Education System

Steve Macek /
Scott Sanders
Privatizing the Airwaves

Sarah Lazare
Inside G.I. Resistance

Website of the Day
The Locavore Myth

August 4, 2009

Mike Whitney
Bernanke's Shell Game

Dave Lindorff
The Recession Isn't Over, By a Long Shot

Patrick Cockburn
Did British Bomb Attacks in Iran Provoke Hostage Crisis?

Jonathan Cook
Israel's Campaign to Silence Human Rights Groups

Jeff Sher
Making a Mess of Health Care Reform

Dean Baker
Why Don't We Globalize Health Care?

Andy Worthington
Gitmo as Hotel California

Uri Avnery
A Jeremiad

Mark Weisbrot
U.S.-Brokered Mediation in Honduras Has Failed

Alvaro Huerta
Hold That Dustbin! So Much for the "End of Racism"

Website of the Day
Pentagon to Ban Facebook and Twitter?

 

August 3, 2009

Pam Martens
Millions of Americans Pushed Into No-Law System by Colluding Banks

Anthony DiMaggio
Media Backlash: Obama and the Settlements

Udi Aloni
And Who Shall I Say is Calling? A Plea to Leonard Cohen

Mike Roselle
See the Mountains of WestVirginia ... Before They're Blown Up!

Dr. Susan Block
Beat It! Sex, Death and Michael Jackson

Roy Bourgeois / Margaret Knapke
School of Coups

Joe Bageant
A Yard Sale in Chernobyl

Dina Jadallah
Hiding the State

Dave Lindorff
Of Blue Dogs and Jellyfish

Martha Rosenberg
Grand Closings in Evanston: How the Recession is Hitting Illinois

Website of the Day
Why We Can't "Afford" Health Care

July 31 - August 2, 2009

Alexander Cockburn
The Biden and Clinton Mutinies

Gabriel Kolko
Searching For Enemies

John Prados
The Intelligence Oversight Mess

Joe Bageant
The Bastards Never Die

Tim Wise
Rationalizing Racial Oppression

Carl Ginsburg
Frist First: Follow the Money (and Find the Plump Heart of "Health Care")

Michael Fox
The Honduran Coup as Overture

John Lindsay-Poland
Revamping Plan Colombia

Michael Winship
Pay-to-Play: Washington's Sport of Kings

Rev. William Alberts
White Men Can Jump ... to Conclusions

Andy Worthington
Judge Orders Release of Tortured Gitmo Prisoner

Steve Breyman
Counting the Unemployed

Cyrus Bina
Racism, Class and Profiling

Missy Beattie
Promises Ignored

Ron Jacobs
Into the Vapid: Consuming the Cultural Product

Willie L. Pelote, Sr.
Party of Concessions: Democrats Never Learn

Lucia Alvarez
Fall of the House of Kirchner? Return of the Right in Argentina

Dave Lindorff
David Brooks' White Guy Nightmare

Lawrence R. Velvel
Madoff: What Should be Done Now?

Omar Barghouti /
Sid Shniad
United for Freedom and Universal Justice

James L. Secor
The Name of the Game is Wipe-Out

Belén Fernández
Zelaya in Nicaragua: Has Another Constitution Been Violated?

Jeffrey St. Clair
Frank Lloyd Wright in Hollywood: the Ennis House as Imperial Ruin

David Yearsley
Beauty in Dark Places: Berlin's Olympic Stadium

Brian J. Foley
Pre-Eating: a Threat to Restaurants Everywhere

Alan Cabal
Onward, Into the Fog: Thomas Pynchon's
"Inherent Vice"

Kim Nicolini
The Way War Feels

Lorenzo Wolff
The Way It Felt the First Time: the Jump Rope Magic of the Shangri-Las

Poets' Basement
Four Poems From the Chinese

Website of the Weekend
Obama's Ex-Doc Knocks ObamaCare

July 30, 2009

Patrick Cockburn
Victims of a Covert Tit-for-Tat War

Gareth Porter
Afghanistan's US-Backed Child-Raping Police

Saul Landau
Summer of Denial

Greg Grandin
Honduran Coup Over?

Diane Farsetta
Pentagon Pundits Get a Pass

Stephen Soldz
The King Case, the APA and the Missing Ethics Investigation

Alan Farago
Learning How to Survive in a Depression From "Weeds"

David Macaray
Cops and Labor Unions

Mike Howells /
Jay Arena
Volunteerism Will Not Rebuild the Gulf Coast

Christopher Brauchli
Oatmeal Envy

Website of the Day
Changing the SOFA

July 29, 2009

Carl Ginsburg
Our Crisis, Their Gain

Clifton Ross
From Tegucigalpa to El Paraiso: a Voyage From Curfew to State of Siege

Paul Craig Roberts
How Fake is the "Recovery"?

Franklin C. Spinney
Winning Hearts and Minds, Pentagon Style

James Bovard Lackawanna Six: Bogus Charges and Martial Law

Anthony DiMaggio
Health Care, the Media and Public Opinion

Bouthaina Shaaban
How Will Arabs Wake Up?

Greg Moses
A Catch and Trade Policy for Labor Costs

Wajahat Ali
No Racism in Obama's Post-Race America?

Gary Leupp
Beer Will Not Solve This

Ayesha Ijaz Khan
Musharraf, Imran Khan and Overseas Pakistanis

Website of the Day
Why Single-Payer Gets No Respect

July 28, 2009

Jean Bricmont
Bombing for a Juster World?

Uri Avnery
Obama, Netanyahu and the Settlements

Dean Baker
Right to Rent: a Remedy for the Foreclosure Crisis

Heather Gray
Stupid Cop Tricks: Driving Too Close to a White Female and Other Episodes in Racist Policing

Jonathan Cook
Can an "Arab Soul" Yearn for Israel's Anthem?

Winslow T. Wheeler
Beyond the F-22: the Future of Pentagon Reform

Belén Fernández
Thomas Friedman Does Afghanistan

Carl Finamore
The Hotel Workers' Kickass Local 2

Eli Jelly-Schapiro
Striking the World Cup

Harvey Wasserman
We All Stand Before Peltier's Parole Board

Website of the Day
Behind the Wheel

July 27, 2009

Ishmael Reed
Gates: Post-Race Scholar Yells Racism

Patrick Cockburn
Elections Shake Kurdistan

Roger Burbach
Hillary and Obama Nix Change in Honduras

Steve Breyman
Bomber Joe and Russia: Why is Biden Channeling Cheney?

Ramzy Kysia
Gaza: On the Right of Resistance

Stephen Soldz
Will the American Psychological Association Renounce the Nuremberg Defense?

Raymond J. Lawrence
Sexual Hocus Pocus in the Episcopal Church

Greg Moses
The Color Line is Black

Binoy Kampmark
Swine Flu Panic

Kim Ives
Lavalas and Haiti's Student Union Unite

Website of the Day
Meet the Paid Assassins of Health Care

July 24-26, 2009

Alexander Cockburn
"A Damned Murder, Inc."

Clifton Ross
Surreal Honduras

Patrick Cockburn
Party of "Change" Challenges Old Guard in Kurdistan

William Polk
Report Card on Obama From a New Frontiersman

David Sterritt
Screening the Politics Out of the Iraq War

Ray McGovern
Hooded in Bush's Hood

David Lindorff
Cops Gone Wild

Hannah Mermelstein
"The War is With the Arabs"

Carl Ginsburg
The Actually Existing Health Care System

Helen Redmond
The Selling of Single-Payer Features

John Ross
The Song of the Guerrilla

Bill Simpich
Fair Play for Cuba and the Cuban Revolution

Mark Weisbrot
Learning From China on How to Beat the Recession

Lee Sustar
U.S. Labor in Crisis

David Macaray
Union Workers Forced to Accept Massive Cuts

Felipe Matsunaga
Obama's Slow (and Familiar) Dance With Cuba

Sara Mann
Why Health Care Will Kill My TV

Martha Rosenberg
Which is Worse? Germs in Our Food or the Antibiotics That Kill Them?

Missy Beattie
Cha-ching Culture

David Ker Thomson
Empty Nest: a Natural History of Now

Ron Jacobs
United4Iran, a Footnote

Stephen Martin
The Crying of Lots 1 Thru 50

David Yearsley
Psst, I Show You a Feelthy Gluck

Gilad Atzmon
Bruno: a Glimpse Into Zionism?

Kim Nicolini
Guilty Laughter in the Dark: Seeing Brüno Twice

Poets' Basement
Kakak and McLellan

Website of the Weekend
Dead Prez: Summertime

July 23, 2009

Jeffrey St. Clair
The Masters of Perfidy: AIG and the System

Saul Landau /
Nelson Valdés

Hypocrisy and the Honduran Coup: Term Limits Only Apply When Governments Help People

Jonathan Cook
The Reality of Israel's "Open" Jerusalem

Nadia Hijab
Israeli Warships in the Red Sea

Dave Lindorff
Living in a Police State: the Gates Incident

Laura Carlsen
21st Century Coups d'Etat

Steve Breyman
Bankers Beware?

Ellen Brown
How California Could Turn Its IOUs Into Dollars

Norman Solomon
Spinning Health Care

Jorge Mariscal
Youth Activists Demand Military-Free Schools

Website of the Day
Copy-Editing Sarah Palin

July 22, 2009

Bernard Chazelle
How to Argue Against Torture

Nikolas Kozloff
The Coup and the U.S. Airbase in Honduras

Carl Ginsburg
The Recovery, Phase Two

Clifton Ross
Back to the Future? Return to El Salvador

Anthony DiMaggio
Health Care, Media and the Case for Socialized Medicine

Michael Donnelly
The Whoppers Behind WOPR

Nadia Hijab
Memoirs of a Lost Arab World

Dedrick Muhammad
Structural Inequality: News Not Fit to Print?

Charles Thomson
Cronyism at the Tate

Alan Farago
Ted Williams and the Florida Keys

Website of the Day
Himmelstein: Howard Dean is a Liar

July 21, 2009

Sasan Fayazmanesh
The Iranian Election and Its Aftermath

Uri Avnery
Breaking the Silence on Israeli War Crimes

Dean Baker
Séance on Wall Street

Jonathan Cook
Team Twitter: Israel's Internet War

Dave Lindorff
Saving Private Bergdahl

Andy Worthington
Interrogating the Uighurs

David Macaray
Heat, Dust and OSHA

Carl Finamore
The Deferential Party

Harvey Wasserman
Cronkite and Three Mile Island

Walter Brasch
The Marie Antoinettes of Health Care

Website of the Day
Linebaugh: Magna Carta and the Commons

 

July 20, 2009

Pam Martens
Judicial Apartheid

Nikolas Kozloff
Honduras and the Big Stick: Obama's Bullish Behavoir in Latin America

Paul Craig Roberts
Threatening Iran

Deepak Tripathi
Obama's Policy on China and Iran

Ira Glunts
Netanyahu's Time Bomb: Building in the Vineyard of the Mufti

P. Sainath
Put Your Money Down, Boys

Binoy Kampmark
The Moon Landing and the Cold War

Stephen Fleischman
The First Anchorman

Norman Solomon
Cronkite and Vietnam: Beyond the Hype

Andy Worthington
Predictable Chaos as Gitmo Trials Resume

Ron Jacobs
Out of the Haze, Into the Darkness: Recalling 1979

Website of the Day
Why Publishing Can't be Saved (as it is)

 

July 17-19, 2009

Alexander Cockburn
"Watch What We Do, Not What We Say"

Nikolas Kozloff
Chiquita in Latin America: From Arbenz to Zelaya

Joanne Mariner
CIA Apples: Bad at the Top of the Tree

Joe Bageant
America's White Underclass

Jonathan Cook
Israeli Road Signs: Wiping Arabic Names Off the Map

Saul Landau
Why So Much Sympathy for Madoff's Dupes and So Little for the Poor?

John Ross
Jurassic Fallout in Mexico

Sue Sturgis
Senator Sessions, Race and Impartiality

Anita Sinha /
Daniel Farbman
The Ricci Case and the Myth of Special Treatment

Peter Morici
Obama's Donut Economics

Pervez Hoodbhoy
Whither Pakistan? A Five-Year Forecast

Ramzy Baroud
Gaza and the Language of Power

Greg Moses
The Real Demand Crisis

Kia Mistilis
The Niger Delta Crisis

Missy Beattie
The Placebo President

David Ker Thomson
How Not to See: Things to Tell Your Eyeballs

James G. Abourezk
Evil Spirits: the Booze Strip in Indian Country

Paul Richards
Why Does Jon Tester Want to Log Wild Montana?

Dave Lindorff
Dark Days for Working People (With Three Small Rays of Light)

Marc Levy
Just Like Hanoi Jane

Matt Siegfried
The Good War Goes Hot

Stephen Martin
Panopticon Blues

Ben Sonnenberg
Sembène's Faat Kiné

David Macaray
Casablanca: When Melodrama Trumped History

Charles R. Larson
A Pakistani, Victorian Novel Celebrating Women

David Yearsley
That's Women for You: Abbas Kiarostami's Così

Lorenzo Wolff
Death Rattle and Roll: the Sound From England's Gutters

Poets' Basement
Payne, Anderson and Williams

Website of the Weekend
Hitler Learns of Sarah Palin's Resignation

July 16, 2009

Paul Craig Roberts
What Economy?

Afshin Rattansi Iranian Planes and the Hidden Toll of Economic Sanctions

Gregory V. Button
The Search for Environmental Justice in Perry County, Alabama

Evan Knappenberger
Profile of a Deserter

Michelle Bollinger
Why is Leonard Peltier Still in Prison?

Russell Mokhiber
White House to ABC News: No Obama Single-Payer Doc

Belén Fernández
Iranian Penetration, Oh My!

Alice Walker
What is Torture Like? A Letter to Obama

Nicholas Dearden
Paying the Climate Debt: the G-8's Troubling Model

Albert Osueke
Sotomayor and the Identity Mountain

Website of the Day
Sotomayor for the Prosecution


July 15, 2009

Manuel Garcia, Jr.
The Assassination Bureau

Vijay Prashad
A Political Recession

Dean Baker
Stimulus Arithmetic

Ray McGovern
Cheney Sweating Bullets

Jonathan Cook
Jenin's Model of "Economic Peace"

David Rosen
Shouts From the Gallery: the Sotomayor Hearings and the Culture Wars

Eric Walberg
Uighurs vs. Afghans: a Study in Contrast

Greg Moses
Three Dimensions of a Complete Stimulus Plan

Sousan Hammad
Decolonizing Israel

Binoy Kampmark
The Trial of Charles Taylor

Tracy McLellan
The Story of My Arrest

Website of the Day
11 Days in Saudi Gitmo

July 14, 2009

Eamonn McCann
The Emperors of Bombast: Bono, U2 and the Crisis of World Capitalism

Joanne Mariner
Obama's New Euphemism

Franklin Spinney
The Taliban Rope-a-Dope

Steve Heilig
Walking Mount Tam: an Interview with Gary Snyder

Ali Abunimah
Hamas' Choice

Dave Lindorff
The End of "Nice" Health Care Reform

Nikolas Kozloff
The Politics of Destabilization: McCain and Honduras

Ellen Brown
From Golden State to Subprime State

Alice Slater
How US Missile Defense Plans Sabotaged Nuclear Disarmament Talks With Russia

Ron Jacobs
Protest U.S. Aggression

Joe Allen
The Fight to Save James Hickman in Jim Crow-Style Chicago

Website of the Day
Mel Brooks Does the French Revolution

July 13, 2009

Uri Avnery
The Essence of the Regime

Mike Whitney
The Deflating Economy

P. Sainath
How the World Depression Hits Orissa

Gareth Porter
A US / Iraq Conflict on Iran

Paul Moore
Rap in the Streets, Rap in the Suites

Tim Wise
Off the Deep End: Private Clubs, Public Prejudice

Andy Worthington Former Insider Shatters Credibility of Military Commissions

David Macaray
Cartoon Voices: Serf's Up in Hollywood

Cal Winslow
The Healthcare Worker War

Niranjan Ramakrishnan
Spring in the Time of Obama

Website of the Day
Washington's Deep Game with China

July 10-12, 2009

Alexander Cockburn
Obama's Biden Problem

José Pertierra
The Cuban Five: a Cold War Case in a Post-Cold War World

John Ross
After the Honduran Coup

Conn Hallinan
The Settlements and the Quartet

Nikolas Kozloff
C Street Band: Sex Scandals, Moral Hypocrisy and the Far Right Agenda in Latin America

Clifton Ross /
Marcy Rein

U.S. and Honduras: Dr. Jekyll and Mr. Good Neighbor

Carl Ginsburg
Summers' Clouded Crystal Ball

Michael Neumann
Say It Loud, Say It Proud: There is No God!

Gilad Atzmon
The Left and Islam: Thinking Outside of the Secular Box

Jeffrey St. Clair
The Parable of the Golden Parachute

Ellen Hodgson Brown
California Dreamin': How the State Can Beat Its Budget Woes

Jim Goodman
Rural America Needs More Than Listening Sessions

Christopher Bickerton
Europe's New Politics of Hard Times

Wendell Potter
Health Care Industry Adopts Tobacco Lobby's Tactics

Dave Lindorff
CIA Lies: Why Isn't Congress in Open Revolt?

David Ker Thomson
Switchbacking Toward Bastille Day

Anthony DiMaggio
The Michael Jackson Feeding Frenzy

Raymond Lawrence
Michael Jackson as Sexual Pervert: the Calumnies of Peter King

Walid El Houri
Neda and Marwa: a Tale of Two Murdered Women

Stephanie Westbrook
Yes, We Camp

Roger Gaess
The Shades of Highgate Cemetery

David Yearsley
Tara, America's Dream House

Kim Nicolini
Caution: Men at Work, Robbing Banks

Poets' Basement
Five Poems From the Japanese

Website of the Weekend
Free Tiga and Hugh!

 

 

 

 

 

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August 17, 2009

Bagram Isn't the New Guantánamo, It's the Old Guantánamo

By ANDY WORTHINGTON

Back in September 2005, when I first began researching Guantánamo for my book The Guantánamo Files, the prison was still shrouded in mystery, even though attorneys had been visiting prisoners for nearly a year, following the Supreme Court’s ruling, in June 2004, that they had habeas corpus rights. Researchers at the Washington Post and at Cageprisoners, a human rights organization in the U.K., had compiled tentative lists of who was being held, but, although these efforts were commendable, much of it was little more than groping in the dark -- a broken jigsaw puzzle based on media reports and interviews with released prisoners -- because the Bush administration refused to provide details of the names and nationalities of those it was holding.

In April 2006 -- four years and three months after Guantánamo opened -- the government finally conceded defeat, after the Associated Press took the Pentagon to court, and won. That month, the first ever list of prisoners -- containing the names and nationalities of the 558 prisoners who had been subjected to the administration’s Combatant Status Review Tribunals (one-sided reviews, designed to rubberstamp their prior designation as “enemy combatants”) -- was released, and was followed in May by a list of the 759 prisoners held up to that point (including the 201 who had been released before the tribunals began), which included names, nationalities, and, where known, dates of birth and places of birth.

The government also released 8,000 pages of tribunal transcripts and allegations against the prisoners, which pierced the veil of secrecy still further, allowing outside observers, as well as lawyers, the opportunity to examine whether the government’s claims that the prison was full of terrorists were true, and to conclude that, actually, the prison was largely populated by innocent men or low-level Taliban foot soldiers, recruited to fight an inter-Muslim civil war that began long before the 9/11 attacks, and had nothing to do with al-Qaeda or international terrorism.

These records revealed that an overwhelming majority of the men had not been seized by U.S. forces on the battlefield, but had been sold to them by their Afghan or Pakistani allies, at a time when bounty payments were widespread, and -- perhaps most shockingly -- the transcripts also revealed that a vast amount of the government’s supposed evidence consisted not of verifiable facts, but of “confessions” made by other prisoners -- or by the prisoners themselves -- under unknown circumstances. A great deal of demonstrably unreliable information was attributed to unidentified figures in al-Qaeda -- in general, the “high-value detainees,” including Abu Zubaydah and Khalid Sheikh Mohammed, who were being held in secret CIA prisons where the use of torture had been sanctioned by the Justice Department’s Office of Legal Counsel, in its notorious “torture memos.”

Other information came from unidentified “sources” within Guantánamo, and in the last year, as judges have finally been able to examine these allegations in the District Courts charged with hearing the prisoners’ habeas corpus cases, many of these sources have been revealed as deeply untrustworthy: talkative informants regarded with suspicion by many of those working behind the scenes in the military and other agencies; mentally ill prisoners; and others whose accounts have not stood up to outside scrutiny, and have been revealed as part of a supposed “mosaic” of intelligence that, as one judge, Gladys Kessler, declared in May, “is only as persuasive as the tiles which compose it and the glue which binds them together.” As I explained at the time, Judge Kessler “then proceeded to highlight a catalog of deficiencies in the tiles and the glue,” dismissing the “mosaic” as being “composed of second- or third-hand hearsay, guilt by association and unsupportable suppositions.”

In addition, although few of the prisoners were willing to talk to a panel of the military officers about how they had been abused in U.S. custody, enough accounts emerged for lawyers and observers (who also drew on official reports about how torture techniques, used in U.S. military schools to train U.S. military personnel to resist enemy interrogation, had been reverse engineered for use at Guantánamo) to build up their own, more convincing “mosaic” of intelligence, demonstrating that abuse -- and, in some cases, torture -- was also widespread throughout Guantánamo, raising fears that even confessions that appeared legitimate were fatally tainted because they had been extracted using coercion.

It would be difficult to underestimate how important the release of these documents was to those engaged in a seemingly endless struggle to secure justice for those held without charge or trial, who had, in general, been rounded up indiscriminately, and had never been adequately screened to determine whether they constituted a threat to the U.S. or its allies. However, over three years on from the release of these lists -- and eight months into the Obama administration -- history is repeating itself at the U.S. prison in Bagram airbase in Afghanistan. The difference, however, is that at Bagram the clock has stopped before any painful details of incompetence have been released, leaving lawyers and other observers still groping in the dark.

Fighting for the rights of the Bagram prisoners

On April 23, the ACLU filed a Freedom of Information Act (FOIA) request with the Department of Defense, the Justice Department, the State Department and the CIA, asking them to make public “records pertaining to the number of people currently detained at Bagram, their names, citizenship, place of capture and length of detention, as well as records pertaining to the process afforded those prisoners to challenge their detention and designation as ‘enemy combatants.’”

On May 15, the CIA responded by stating that it “can neither confirm nor deny the existence or nonexistence of records responsive to your request,” because “The fact of the existence or nonexistence of requested records is currently and properly classified,” and on July 28, the DoD also responded , stating, tantalizingly, that, although the National Detainee Reporting Center had provided the DoD’s Office of Freedom of Information with “a 12-page classified report, current as of June 22, 2009,” which contained the prisoners’ “names, citizenship, capture date, days detained, capture location and circumstances of capture,” the report was “exempt for release” because it was “properly classified in the interest of national security.”

In response, Jonathan Hafetz, a staff attorney with the ACLU National Security Project, stated, “The Obama administration should make good on its own pledge of greater transparency and release these basic facts about who we are detaining and under what conditions,” and Melissa Goodman, also a staff attorney with the ACLU National Security Project, added, “There are serious concerns that Bagram is another Guantánamo -- except with many more prisoners, less due process, no access to lawyers or courts and reportedly worse conditions. As long as the Bagram prison is shrouded in secrecy, there is no way to know the truth or begin to address the problems that exist there.”

In this, the ACLU’s lawyers were undoubtedly correct. According to the best available estimates, at least 600 prisoners are held at Bagram, but unlike Guantánamo, no lawyer has ever set foot in the U.S. military’s flagship Afghan prison, even though some of the prisoners held there were seized in other countries and “rendered” to Bagram, where they have been held for up to seven years. The prison was particularly notorious in its early days -- especially in 2002, when at least two prisoners died at the hands of U.S. forces -- but according to a survey conducted by the BBC in June this year, former prisoners, held between 2002 and 2008, stated that they were beaten, deprived of sleep and threatened with dogs, and provided no indication that conditions had improved from the beginning to the end of the six-year period.

Why foreign prisoners in Bagram deserve habeas corpus rights

To understand why Bagram needs independent scrutiny, it is necessary to distinguish between the prison’s two distinct functions, each of which fails to conform to internationally acceptable standards of detention. The first concerns the foreign prisoners (perhaps as many as 30) seized in other countries and “rendered” to Bagram. In March, when enterprising lawyers at the International Justice Network finally managed to bring a habeas corpus petition on behalf of four of these men in front of a U.S. judge (having established that they were held at Bagram through discussions with family members based on letters delivered by the International Committee of the Red Cross), the judge in question, John D. Bates, recognized the unacceptable discrepancy between the Guantánamo prisoners and those “rendered” to Bagram.

As I explained in an article at the time, “Judge Bates ruled that the habeas rights granted by the Supreme Court to the Guantánamo prisoners last June in Boumediene v. Bush also extended to the foreign prisoners in Bagram, because, as he explained succinctly, ‘the detainees themselves as well as the rationale for detention are essentially the same.’” He added that, although Bagram is “located in an active theater of war,” and that this may pose some “practical obstacles” to a court review of their cases, these obstacles “are not as great” as the government suggested, are “not insurmountable,” and are, moreover, “largely of the Executive’s choosing,” because the prisoners were specifically transported to Bagram from other locations.

This was good news for three of the men -- Redha al-Najar, a Tunisian seized in Karachi, Pakistan, Amin al-Bakri, a Yemeni gemstone dealer seized in Bangkok, Thailand, and Fadi al-Maqaleh, a Yemeni -- because, as I also explained at the time, “only an administrative accident -- or some as yet unknown decision that involved keeping a handful of foreign prisoners in Bagram, instead of sending them all to Guantánamo -- prevented them from joining the 779 men in the offshore prison in Cuba.” However, at the time of writing, it is uncertain whether they will have their day in court, as the government has appealed Judge Bates’ ruling.

Why the Afghans in Bagram must be held according to the Geneva Conventions

In the same ruling in March, Judge Bates reserved judgment on the case of the fourth man, Haji Wazir, an Afghan seized in 2002 in the United Arab Emirates, but ruled in June that habeas rights did not extend to him (or, by extension, to all the other Afghans held at Bagram), primarily because he agreed with the government’s claim that to do so would cause “friction” with the Afghan government, because of ongoing negotiations regarding the transfer of Afghan prisoners to the custody of their own government.

As a result, the government presumably feels entitled to continue to hold the majority of the prisoners in Bagram -- who, from what we can gather, are Afghans seized in Afghanistan -- beyond any kind of outside scrutiny. However, while this may be acceptable in the sense that Bagram is a prison in an active war zone, it is, to my mind, only acceptable if the government also demonstrates that it is holding prisoners in accordance with the Geneva Conventions. As I explained in an article in June:

In one of his first acts as President, Obama signed a number of Executive Orders, in which he promised to close Guantánamo within a year and to ban torture, and established that the questioning of prisoners by any U.S. government agency must follow the interrogation guidelines laid down in the Army Field Manual, which guarantees humane treatment under the Geneva Conventions. The Order relating to interrogations also specifically revoked President Bush’s Executive Order 13440 of July 20, 2007, which “reaffirm[ed]” his “determination,” on February 7, 2002, that “members of al-Qaeda, the Taliban, and associated forces are unlawful enemy combatants who are not entitled to the protections that the Third Geneva Convention provides to prisoners of war.”

As a result of Obama’s stated reforms, it was my belief that:

the President would call an immediate halt to what I can only describe as the “Rumsfeldization” of the U.S. military, in which, following the directives of former defense secretary Donald Rumsfeld (and echoing what was happening with the intelligence agencies, where the FBI was sidelined by the CIA), the detention of prisoners was no longer a matter of holding them humanely until the end of hostilities, but became, instead, an ongoing process of interrogation, dedicated to securing “actionable intelligence,” which, of course, degenerated into the use of torture when the presumed “actionable intelligence” was not forthcoming. […]

It may be that the policies at Bagram changed overnight after Obama issued his executive orders in January, but the suspicion … is that, as far as the administration is concerned, certain key innovations in the “War on Terror” -- in particular, holding prisoners for their intelligence value, rather than to keep them “off the battlefield” -- has become the post-9/11 norm, as a kind of unilateral reworking of the Geneva Conventions.

From what I have been able to gather about the workings of Bagram, I have no reason to conclude that the prison is now being run according to the Geneva Conventions, with prisoners kept “off the battlefield” until the end of hostilities (whenever that might be). Instead, as I reported in March, Judge Bates explained that the military’s justification for holding the prisoners at Bagram involves a review process similar to the one that was used at Guantánamo, albeit one that is both “inadequate” and “more error-prone,” and concluded that the U.S. military’s control over Bagram “is not appreciably different than at Guantánamo.” Creating such inadequate tribunals, it should be noted, is quite an achievement, as Guantánamo’s tribunals were soundly condemned by former officials who worked on them, including, in particular, Lt. Col. Stephen Abraham, who issued a series of explosive statements in 2007.

In addition, Judge Bates’ précis of the review process at Bagram, which, as he also explained, “falls well short of what the Supreme Court found inadequate at Guantánamo,” was, in fact, genuinely disturbing. He quoted from a government declaration which stated that the Unlawful Enemy Combatant Review Board (UECRB) at Bagram does not even allow the prisoners to have a “personal representative” from the military in place of a lawyer (as at Guantánamo), and that “Bagram detainees represent themselves,” and added, with a palpable sense of incredulity:

Detainees cannot even speak for themselves; they are only permitted to submit a written statement. But in submitting that statement, detainees do not know what evidence the United States relies upon to justify an “enemy combatant” designation -- so they lack a meaningful opportunity to rebut that evidence. [The government’s] far-reaching and ever-changing definition of enemy combatant, coupled with the uncertain evidentiary standards, further undercut the reliability of the UECRB review. And, unlike the CSRT process, Bagram detainees receive no review beyond the UECRB itself.

A challenging conclusion, Mr. President

In conclusion, then, it should be apparent that the government cannot maintain the Bush administration’s status quo at Bagram, as it is failing on two fronts to hold prisoners according to the internationally acceptable standards of detention that existed before the Bush administration brushed aside the Geneva Conventions for prisoners of war, and held criminal suspects beyond the law.

If the Obama administration will not put the foreign prisoners “rendered” to Bagram on trial, then the President needs to allow them to challenge the basis of their detention before an impartial judge; and if he reinstates the Geneva Conventions for prisoners of war, and, with a stroke of the pen, consigns his predecessor’s horrendous novelties to history, then he needs to do more than just pay lip service to the reinstatement of the Conventions, and needs to prove, beyond a shadow of a doubt, that he is not perpetuating a Rumsfeld-lite form of detention, in which humane treatment is secondary to the quest for “actionable intelligence,” because, once the rules are discarded, our recent history shows us that what follows, inexorably, is torture and abuse.

Andy Worthington is a British journalist and historian, and the author of 'The Guantánamo Files: The Stories of the 774 Detainees in America's Illegal Prison' (published by Pluto Press). Visit his website at: www.andyworthington.co.uk
He can be reached at: andy@andyworthington.co.uk

 

 

 

 

 

 

 

 

 

 

 

 

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